PJC General Negligence 2022

PJC 17.2

W ORKERS ’ C OMPENSATION —C OURSE & S COPE OF E MPLOYMENT

PJC 17.2 Heart Attack—Injury—Question PJC 17.2A Heart Attack—Injury — Question—When Claimant Appeals QUESTION ______ Did Paul Payne sustain a compensable injury in the form of a heart attack? A heart attack is a compensable injury only if— 1. the attack can be identified as occurring at a definite time and place and caused by a specific event occurring within the course and scope of the employee’s employment; and 2. the preponderance of the medical evidence indicates that work, rather than the natural progression of a preexisting heart condition or dis ease, was a substantial contributing factor of the attack; and 3. the attack was not triggered solely by emotional or mental stress factors, unless it was precipitated by a sudden stimulus. Answer “Yes” or “No.” Answer: _______________ PJC 17.2B Heart Attack—Injury—Question—When Carrier Appeals QUESTION ______ Did Paul Payne not sustain a compensable injury in the form of a heart attack? [Insert PJC 17.2A instruction on “heart attack.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 17.2 should be used if there is a dispute about whether the claimant sustained a compensable heart attack. Only the parts of the definition raised by the evidence should be submitted.

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